2024-23921. Proposed Agency Information Collection Activities; Comment Request

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Department of Transportation

Federal Railroad Administration

1. [Docket No. FRA-2024-0026]

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Notice of information collection; request for comment.

SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On July 30, 2024, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.

DATES:

Interested persons are invited to submit comments on or before November 18, 2024.

ADDRESSES:

Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to www.reginfo.gov/​public/​do/​PRAMain. Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.

FOR FURTHER INFORMATION CONTACT:

Ms. Arlette Mussington, Information Collection Clearance Officer, at email: [e-mail] or telephone: [phone] or Ms. Joanne Swafford, Information Collection Clearance Officer, at email: [e-mail] or telephone: [phone].

SUPPLEMENTARY INFORMATION:

The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On July 30, 2024, FRA published a 60-day notice in the Federal Register soliciting public comment on the ICR for which it is now seeking OMB approval. See 89 FR 61230. FRA has received no comments related to the proposed collection of information.

Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. The 30-day notice informs the regulated community of its opportunity to file relevant comments and affords the agency adequate time to consider public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, each respondent should submit their comments to OMB within 30 days of publication to best ensure having their full effect.

Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.

The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:

Title: Uniform Report of Small Business (SB) Commitments/Awards and Payments.

OMB Control Number: 2130-New.

Abstract: The Disadvantaged Business Enterprise (DBE) program is statutorily mandated and intended to assist small businesses owned and controlled by socially and economically disadvantaged individuals compete fairly in the Department of Transportation's transportation funding programs for certain highway, transit, and aviation programs. The DBE program is implemented by recipients of DOT financial assistance. The DOT DBE directive does not include rail assistance programs and FRA does not have a mandated DBE program. Rather, FRA issues and manages rail assistance programs in compliance with the DOT regulations for implementing Title VI of the Civil Rights Act of 1964 found at 49 CFR part 21 and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR part 200. Specifically, 2 CFR 200.321 (a) through (b)(6) provides affirmative steps a non-Federal entity must take to assure that minority businesses, women's ( print page 83759) business enterprises, and labor surplus area firms are used when possible.

In 2015, Congress instructed the Secretary of Transportation to conduct a nationwide disparity and availability study on the availability and use of small businesses owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects.

The report for the study was provided to Congress in 2022. The report noted a gap in data available for analysis to determine if there is any disparity in rail transportation grant awards. To address the data gap identified in the report, FRA is proposing to add new form, FRA F 6180.281 titled, Small Business (SB) Commitments/Awards and Payments. The proposed data collection will address this gap and aid future considerations of the application of the DBE program.

The purpose of FRA F 6180.281 is to collect data from grant recipients to determine the amount of dollars from FRA grants and contracts that flow to small, women-owned and Disadvantaged Business Enterprises (DBE). This would identify all prime contractors, sub-contractors, consultants, and vendors that FRA grant recipients worked with and on which they spent grant funds. Additionally, the proposed new form, FRA F 6180.281 “SB Commitments/Awards and Payments” would be used by FRA to carry out its oversight responsibilities of non-Federal entities receiving grant funds.

This collection of information aligns with DOT's Strategic Goal of Equity as it supports establishing economic equity for small businesses owned by disadvantaged individuals and promoting development opportunities.

Type of Request: Approval of a new collection of information.

Affected Public: Generally, includes States and local governments and railroads.

Form(s): FRA F 6180.281.

Respondent Universe: 140 grant recipients.

Frequency of Submission: Annually.

Total Estimated Annual Responses: 140.

Total Estimated Annual Burden: 49,980 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent: $2,289,584.

FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number.

Authority:44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,

Deputy Chief Counsel.